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(영문) 서울중앙지방법원 2016.02.16 2013가합517186
사해행위취소
Text

1. Attached Form among the instant lawsuit

2. Matters concerning each contract of donation as set out in paragraphs 15 through 20, and 22 of the list of donations.

Reasons

1. Facts of recognition;

A. From December 14, 2010 to September 18, 2011, C served as the representative director and the chief executive officer of a stock company A (hereinafter “instant bank”) from around December 14, 201 to around September 18, 201, overall administration of the bank’s business, including loan and receipt management, fund management, and execution, etc., and the Defendant is C’s spouse.

B. On September 18, 201, the Financial Services Commission (1) designated the instant bank as an insolvent financial institution and issued a business improvement and business suspension order.

(2) On September 7, 2012, the instant bank was declared bankrupt on September 7, 2012 by Seoul Central District Court No. 2012Hahap97, and the Plaintiff was appointed as the trustee in bankruptcy of the instant bank.

C. C in criminal proceedings with respect to “A” was charged with violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and violation of the Mutual Savings Banks Act on January 14, 2013, and was convicted of a judgment of conviction by the Seoul Central District Court [Seoul District Court 201Gohap60, 2012Gohap60, 2012Gohap548, 2010 (combined)] on December 29, 2010, in violation of the prohibition provision against cross-loans by large shareholders of the mutual savings bank, etc.

Accordingly, C appealed against the above judgment, but on July 12, 2013, the appellate court (Seoul High Court 2013No401) was sentenced to the dismissal of an appeal, and the appellate court was also sentenced to the dismissal of an appeal on November 28, 2013 (Supreme Court Decision 2013Do9130).

The plaintiff filed a claim for damages against C, etc. with the Seoul Central District Court 2013Gahap510888, and the above lawsuit was filed.

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